Weber v. United States

AMENDED OPINION ON MOTION TO DISMISS OR FOR SUMMARY JUDGMENT

BROTMAN, District Judge.

Presently before this Court is the defendant United States’s (“Government”) Motion to Dismiss plaintiffs Karen and Robert Weber’s Complaint pursuant .to Fed.R.Civ.P. 12(b)(1), (6) or, in the alternative, for Summary Judgment pursuant to Fed.R.CivJP. 56.

I. FACTS AND PROCEDURAL BACKGROUND

The following facts are not contested. On June 4, 1994, plaintiff Karen Weber (“Plaintiff’) was using a swing set in Willow Pond Park. While she was on the swing set, a metal yoke that was holding the swing chain fractured and…